34-46-202. Use of information collected in initial selection process.
(1) An employer may not: use information about an applicant obtained through an initial selection process for a purpose other than to determine whether or not the employer will hire the applicant as an employee; or except as provided in Subsection, provide information about an applicant obtained through an initial selection process to a person other than the employer. (2) A use prohibited under this Subsectionincludes: (1) marketing; profiling; reselling of the information; or a similar use.
(2) Notwithstanding the other provisions of this section, an employer may provide information: as required by law; to a government entity for the purpose of: determining eligibility for a government service, benefit, or program; or participating in a government service, benefit, or program; if the applicant applies for another position with the employer; or if the applicant becomes an employee and the information is used for one or more of the following, that is also applied to other employees in a similar position: a performance review; or a promotion application.